Leaders endorse AMC-drafted bill at summit to improve system

Grand Chief Arlen Dumas, of the Assembly of Manitoba Chiefs, says ‘all the right things are in motion’ regarding making First Nations responsible for its own child-welfare services.

OTTAWA — Manitoba First Nations chiefs have rallied around a vision of pulling child welfare further from the provincial government’s hands, as Ottawa pushes to keep more Indigenous children within their families.

“I think all the right things are in motion,” Grand Chief Arlen Dumas, of the Assembly of Manitoba Chiefs (AMC), said Wednesday.

“We’re ready to go, as long as they (Ottawa) will appreciate that Manitoba will decide what’s good for Manitoba, and we will move forward in that direction.”

He was speaking on the sidelines of the Assembly of First Nations’ (AFN) summit, moments after chiefs passed two motions on Child and Family Services (CFS), one of which endorsed an AMC-drafted bill to reform the system, specifically in Manitoba.

Your free trial has come to an end.

We hope you have enjoyed your trial! To continue reading, we recommend our Read Now Pay Later membership. Simply add a form of payment and pay only 27¢ per article.

For unlimited access to the best local, national, and international news and much more, try an All Access Digital subscription:

Thank you for supporting the journalism that our community needs!

OTTAWA — Manitoba First Nations chiefs have rallied around a vision of pulling child welfare further from the provincial government’s hands, as Ottawa pushes to keep more Indigenous children within their families.

"I think all the right things are in motion," Grand Chief Arlen Dumas, of the Assembly of Manitoba Chiefs (AMC), said Wednesday.

"We’re ready to go, as long as they (Ottawa) will appreciate that Manitoba will decide what’s good for Manitoba, and we will move forward in that direction."

He was speaking on the sidelines of the Assembly of First Nations’ (AFN) summit, moments after chiefs passed two motions on Child and Family Services (CFS), one of which endorsed an AMC-drafted bill to reform the system, specifically in Manitoba.

The meeting came less than a week after Indigenous Services Minister Jane Philpott revealed Friday her plans to table legislation that would give Indigenous nations autonomy over CFS. Prime Minister Justin Trudeau said Tuesday the feds will table it in January.

Roughly 11,000 Manitoba children are in care, and 91 per cent of them are First Nations or Métis.

Manitoba is the only province with a semi-devolved system that has First Nations and Métis agencies administer CFS, but under provincial laws and a mix of funding. Meanwhile, Ottawa signed a memorandum with the AMC a year ago, kicking off talks on how to address the issue "specific issues" to the province.

"It can’t be a top-down approach," Dumas said. "It’s actually going to have to acknowledge and adhere to the work that we have done in our region (in order) to truly do something innovative and to truly change the status quo."

The AMC’s proposed law, obtained by the Free Press, came after years of input and largely aligns with the points Ottawa summarized after five months of consultation across Canada, such as trying to keep children within their families whenever safe. When children have to be moved outside the family, authorities must try housing them in the order of extended family, home community and then First Nation.

Called the Bringing Our Children Home Act, it would outline children’s rights to adequate housing, water, food and clothing. It would supersede provincial and federal laws, and make traditional knowledge-keepers the interpreter of the act, instead of judges.

"Canada will provide transfer payments directly to the… nations," who would be subject to "general capered accounting principles and audit reporting."

Wednesday’s motion endorsed the AMC bill, on the premise it follow the Liberals’ January bill. It also said Manitoba’s First Nations deserve autonomy over CFS, instead of being a component of a national body.

The AFN also passed a resolution calling for Ottawa to expand funding for programs that prevent child-welfare apprehensions, as well as better data collection and training.

Want to get a head start on your day?

"An industry has been created with our children, and at the same time, ­policies and laws have been dictated, that basically state that us, as First Nations, at the end of the day, ‘you don’t have the capacity’ or ‘you’re not good enough’ to look after your own children," Hart said.

He also took a shot at the provincial government: "This enabling legislation is basically going to force the province of Manitoba, and the industry, to come to the table and talk to the First Nation leadership now."

Manitoba Families Minister Heather Stefanson wrote Wednesday the province wants "greater involvement of Indigenous leadership and communities in the design and delivery of Child and Family Services," but that this requires Indigenous groups, Ottawa and the province to have "strong relationships and ongoing dialogue... to advance our shared goals."

The AFN motions only apply to First Nations children; Métis leaders have their own visions of how to administer CFS for their children in Manitoba. Non-Indigenous children would remain under the provincial system.

“As of Friday, their official position is that they wanted to litigate, and not to (do a) settlement,” Cindy Blackstock claimed.

The government insists it was a misunderstanding.

In January 2016, the Canadian Human Rights Tribunal sided with Blackstock in ruling Ottawa had racially discriminated against Canada for underfunding Child and Family Services (CFS) for children on-reserve, compared with what provinces give children off-reserve.

The ruling came after a decade of hearings; this spring, Ottawa finally moved to bridge that funding gap.

The tribunal hasn’t sorted out compensation, waiting to see whether the two sides can come to a settlement.

Blackstock estimates Ottawa owes at least $1.5 billion — roughly $40,000 for each child — on the basis typical payments for both wilful and reckless discrimination. She said the number is likely higher, but claimed Ottawa hasn’t provided enough data to determine precise numbers.

Last Friday, hours after Indigenous Services Minister Jane Philpott clinched support from dozens of Indigenous leaders for a plan to give them autonomy over child welfare, her department informed Blackstock it was scheduling dates for hearings over the compensation issue.

The government said Wednesday this was a normal legal process to reserve dates before the Canadian Human Rights Tribunal’s timeline runs out, in case mediation isn’t successful.

Philpott insisted it’s only a backup option.

“The best way to resolve the issue of compensation is outside of courts or tribunals,” she told reporters, seeming to suggest it was Blackstock holding back the process.

“As soon as the parties of the tribunal are happy to drop that legal mechanism, and to work with us directly, we would be extremely happy to do so; that would be the way that we can actually resolve this.”

Blackstock said she’s waiting to see written details of how Ottawa aims to proceed.

“What really matters to me is what they file in court,” she said, decrying years of “excuses for not measuring up to their responsibilities for children.”

An internal report leaked to the Free Press in January revealed First Nations CFS agencies in Manitoba estimated an annual shortfall of $104 million per year, half of which fell under Ottawa’s responsibility.

You can comment on most stories on The Winnipeg Free Press website. You can also agree or disagree with other comments.
All you need to do is be a Winnipeg Free Press print or digital subscriber to join the conversation and give your feedback.

Have Your Say

Have Your Say

Comments are open to The Winnipeg Free Press print or digital subscribers only. why?

Have Your Say

By submitting your comment, you agree to abide by our Community Standards and Moderation Policy. These guidelines were revised effective February 27, 2019. Have a question about our comment forum? Check our frequently asked questions.